25TH FEBRUARY POLL: PDP, HON. MUSA AGAH, MUHAMMAD ADAMU, DANIEL ASAMA WERE NOT QUALIFIED—RT. HON. BABA HASSAN TELLS COURT OF APPEAL

By: Valentine Adese (JP),

The candidate of the All Progressives Congress (APC) for Bassa/Jos-North Federal Constituency of Plateau State, Rt. Hon. Ibrahim Baba Hassan has reiterated that Hon. Musa Agah of the PDP, Muhammad Adamu Alkali of the PRP, and Daniel Asama Ago of the Labour Party (LP), were not qualified to have contested the election conducted by INEC on the 25^th of February, 2023 in the first place.

Rt. Hon. Ibrahim Baba Hassan stated this among the 5 grounds in the Notice of Appeal he filed before the Court of Appeal through his Counsel, Magaji SAN.

Rt. Hon. Hassan who is complaining against the entire Judgment of the petition he filed at the Lower Tribunal and the rulings therein stated that the Tribunal erred as there was a “miscarriage of justice”.

Baba Hassan, specifically stated that it was wrong for the trial tribunal to have refused to determine his Preliminary Objection on jurisdiction, in accordance with  Section 53(2) of the first Schedule of the Electoral Act, while contended that Musa Agah of the PDP and Adamu Alkali of the PRP, were not qualified to contest the election.

The appellant pointed out that the Court of Appeal in Jos, had nullified the election of Hon. Musa Agah on the ground that he was not qualified to contest the by-election of February 26, 2022, because his party, the PDP had no structure to sponsor him.

Rt. Hon. Baba Hassan (The Appellant) maintained that it is settled law that the Court of Appeal which is the Apex Court in National Assembly election matters, had already determined the status of Agah and that of his party in participating in the February 25th,2023, National Assembly Election.

Baba Hassan argued that Muhammad Adamu Alkali of the PRP, having submitted a forged Primary School Certificate to INEC, as testified by some of his witnesses, was not also qualified to contest the election.

According to him, it is on record that one of Alkali ‘s witnesses by name Tijani, had denied the content of the Primary School Certificate submitted by the PRP candidate.

He pointed out that, his petition is anchored on a new regime of the electoral Act, which conveys a novel provision that clearly states that two or more candidates may be made respondents to the same petition and their case may for the sake of convenience be heard at the same time, but for all purposes (including the taking of security) the election petition, shall be deemed to be as separate petition against each of the respondents.

Baba Hassan described his case as triple decker petition, against Agah, Alkali and Ago.

Adding that, “The findings of the trial tribunal were based on the old regime of the Electoral Act”.

He therefore prayed the Court to grant him all the reliefs sought in his petition, and also declare him the first runner-up with the highest lawful votes during the February National Assembly Election for the Bassa/Jos North Federal Constituency.

You would recall that REALITY had reported that the political climate is beclouded by fear and anxiety as the news filtering into the state indicates that the Court of Appeal, Abuja Division, may have scheduled 13^th October 2023, to commence hearing of some of the Election Petition Appeals before it.

You would also recall that, the Tribunal Panels that sat in Jos the Plateau State capital commenced their Judgments with Petitions concerning the National Assembly elections conducted on the 25^th of February, 2023 by INEC, before the State House of Assembly Election Petitions for the simple fact that the National Assembly elections came earlier.

From investigation, REALITY had also reported that, most political gladiators in Plateau State have shifted their base to Abuja with lots of nocturnal meetings going on in the Federal Capital Territory (FCT) in relation to the upcoming Court of Appeal sitting.

REALITY also gathered that the Court of Appeal may have set 5 cases arising from the Judgments delivered by the Lower Tribunals for their adoption of Counsel Written Addresses.

They include, but are not limited to the following below:

1) Appeal of Gyan Zi Vs Mwatkom.

2). Appeal of Cris Giwa Vs Mwatkom

3) Appeal of Muhd Alkali Vs Musa Agah

4) Appeal of Baba Hassan Vs Agah, Alkali & others.

5) Appeal of John Dafan Vs Alex Kwalu.

TO BE CONTINUED…